Criminal Law

Blog 702 Rouses from Slumber

Posted on June 01, 2007
In May, we were a little busy, and a little tired, and the idea of blogging filled us with ennui.But now it's June, and we've recuperated, so we'll be at it again.

Privilege Does Not Defeat Disclosure Rules, Says Texas Supreme Court

Posted on April 28, 2007
Texas has a "snap-back" rule permitting a party to recover privileged material it inadvertently produces in discovery. It also has a rule providing that all documents provided to a testifying expert are discoverable. What happens, then, when a party inadvertently provides privileged material to its expert? The "snap-back" rule may not be invoked in this situation, the Texas Supreme Court has ruled, unless the party also withdraws the expert...

Mississippi Supreme Court Upholds Exclusion of Neurosurgeon's Testimony on Standard of Care for Internal Medicine

Posted on April 28, 2007
A trial court did not abuse its discretion in holding that a neurosurgeon was not qualified to opine on the standard of care for a practitioner of internal medicine, Mississippi's highest court has held. The ruling does not rest on the mere difference in specialties, but rather on the neurosurgeon's more general lack of experience and knowledge in the relevant practice area...

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